Kevin W. Davidson's Answers

Can someone tell me in lay terms what SSA §220 means?

SSA section 220 - is an exemption to the other provisions of the chapter - It basically means that none of the provisions of Chapter 200 (42 U.S.C. 420) will apply if application of the specific provision would result in denial or reduction of otherwise payable benefits.

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My business partner is embezzling

As the others have already pointed out, whether or not the prosecutor's office decides to pursue criminal charges will be up to them and out of your control - but you've got to file the criminal complaint to get them to review the circumstances in the first instance. The one area where a criminal conviction can be of benefit when you also have civil damages, is in obtaining an order of restitution. If the partner is convicted of a criminal charge for theft or conversion of company property,...

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I got into a car accident while driving my gf's car. I was at fault and her car was not insured. I am insured. What do I do?

As to your father's insurance covering the loss, their letter denying coverage should have included a copy of the policy language on which they are basing the denial - and you are probably out of luck there. On the bill from the other driver's carrier, you do have some negotiating options. While you may have been in the wrong for making a turn where another had the right-of-way, you are not 100% at fault, and are not responsible for 100% of the other driver's damages. IF her total bill for...

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Is my recreated logo legal to sell?

While your design does vary some from the Blackhawks logo, Intellectual property law is a lot more complicated than "I created it... and it is very different." An accurate answer to your question can only be provided by thorough review of facts and circumstances by a competent intellectual property attorney. This will of necessity include a review and analysis of how far reaching the Blackhawks copy and trademark rights go. From a quick look at your design: As you have clearly utilized...

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How do I respond to a summons following Chapter 802 of the Wisconsin Statues?

Generally, the defendant, once having been served with a Summons and Complaint, is required to file with the Court and serve upon the plaintiff or plaintiff's counsel a response to the allegations in the Complaint. This response is known as an Answer. There is a very limited time within which to file, so you may want to review this with an attorney to ensure your keeping up with the requirements. The attorney would also be able to help determine what defenses and whether or not...

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What kind of trust is this?

You didn't specify which trust you want identified. The original trust sounds like a pretty standard 'family trust' with a split resulting after the first grantor passes. There are several reasons for doing this, often having to do with preserving maximum federal exemptions for estate taxes. If the husband and wife were trustees and had direct access to the marital trust, that is a standard revocable trust. The survivor's trust (that half of the marital trust for which wife continues as...

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If an attorney general is trying to make you into a criminal what to do.& Can I sue him.

I would add, get a good lawyer and soon, or you will become a convicted criminal. It is difficult to acertain from your question just how the attoney gerenal is trying to make you into a criminal. Is he/she requesting that you engage in criminal acts? Is he/she investigating you for potential criminal activities? Is he/she trying to convict you of a crime that you've been charged with?

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Will the home that I live in (and is the only one I own) have to go through probate.

I would wonder why you are concerned about the house going through probate but not concerned about the remainder of the assets. If avoiding probate so your family does not have to be subjected to the costs, requirements, delays and publicity of the the process, there are different planning techniques available to address the entirety of your estate, rather than just keeing specific assets out a-la-carte. Some of the tools used, such as the revocable trust, or a life-estate deed, can also...

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What are my rights in this tenant/landlord issue?

While I agree with both the previous answers in the "try to work it out directly with your landlord" area, there are some additional considerations in what you've related that may turn the tables in your favor. Under the Wisconsin Statutes and related Administrative Code, the landlord has a limited amount of time (21 days), from the time you vacate the premises to provide you with a written accounting of any damages he/she intends to withhold from your security deposit. If no such writing...

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How can I get my property back? Cops took Copper from me that was in my truck.

If, as Atty. Lassen has assumed, the copper was taken by the police and is being held as evidence, they can hold the property as long as the charges against you are pending, so long as the evidence has some connection to the charges against you. If, on the other hand, the police did not remove the copper, it may have been stolen, either by unknown parties while the truck was parked, or at some time while in custody of the tow company. If lthe police are not holding your copper as evidence,...

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